Finding Of Lack Of Competence To Stand Trial For The Foreseeable Future printable pdf download

Finding Of Lack Of Competence To Stand Trial For The Foreseeable Future

Family Court Order following Blair Hearing on Juvenile’s Competence To Stand Trial

Finding Juvenile Not Competent, and Not Likely to Become Competent §44-23-430(2) due to

Mental Illness

Optional language for use if §44-23-430(3) hospitalization to restore competence is unsuccessful

STATE OF SOUTH CAROLINA

)

IN THE FAMILY COURT

)

____ JUDICIAL CIRCUIT

COUNTY OF _______________________

)

FINDING OF LACK OF COMPETENCE

)

TO STAND TRIAL

)

FOR THE FORESEEABLE FUTURE

A JUVENILE

)

AND ORDERING PROBATE

)

COMMITMENT PROCEEDINGS

)

A Child under Seventeen (17) Years of Age ) Docket No. ____________________________

Plaintiff Attorney: _______________________________

Hearing Date: ______________________

Defendant Attorney: ______________________________

Judge: ____________________________

Guardian ad Litem:_______________________________

Court Reporter: ____________________

This matter is before me pursuant to S. C. Code Ann. §44-23-430 (1976) for a hearing on

the issue of the juvenile’s competence to stand trial.

The juvenile, __________________________, is charged with_____________________

_____________________________________________________________________________.

Pursuant to a previous Court order, the juvenile’s competence to stand trial has been evaluated.

In a report dated (

) the examiners found that the juvenile is not currently

competent to stand trial and is unlikely to become competent in the foreseeable future. The report

was statutorily admitted into evidence pursuant to S.C. Code Ann. §44-23-420(C) and a copy of

the report is attached hereto.

Check here if the underlined paragraph applies to this order:

This report was rendered after the juvenile was previously found by the Court to lack the

competence to stand trial but was likely to become competent with appropriate treatment.

SCCA 487C (12/2009)

Finding Of Lack Of Competence To Stand Trial For The Foreseeable Future